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Home My WebLink AboutDSD-20-187 - A 2020-093 - 41 Valleybrook DrREPORT TO:Committee of Adjustment DATE OF MEETING:November 17, 2020 SUBMITTED BY:Juliane von Westerholt, Senior Planner -519-741-2200 ext. 7157 PREPARED BY:Tim Seyler, Planner–519-741-2200 ext. 7860 WARD:2 DATE OF REPORT:November 6, 2020 REPORT #:DSD-20-187 SUBJECT:A2020-093–41 Valleybrook Drive Applicant –Patrick Haramis, ACI Surveyingon Behalf of Milestone Developments Inc. Recommendation: Approval Location Map: 41 Valleybrook Drive REPORT Planning Comments: Thesubject property located at 41 Valleybrook Driveis zoned Residential Four(R-4) in the Zoning By- law 85-1 and designated Low Rise Residential in the City’s Official Plan. The applicantis proposing to *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. build asingle detacheddwelling and cannotmeet the requirements of Section 38.2.1of the Zoning By- law. The applicant is requesting relief to allow a minimum sideyard setback of 1.26metres rather than the required 1.5metres, when the opposite side yard setback is between 0 –0.2 metres. City Planning staff conducted a site inspection of the property on November 3, 2020. 41 Valleybrook Drive In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offersthe following comments. General Intent of Official Plan 1.The subject property isdesignated Low Rise Residential in the Official Plan. The intent of this designation is toencourage a range of different forms of housing to achieve a low density neighbourhood. The requested variance to permit a reduced sideyard setback is appropriate and continues to maintain the low densitycharacter of the property and surrounding neighbourhood.It is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of Zoning By-law 2.The current R-4zoningrequires a 1.5metressetback from the side lotline when the other side yard setback is 0-0.2 meters from the property line to ensure there is adequate access to the rear yard. The propertyin questionwill be developed with a single detached dwellingand given the angled configuration of the lot, the reduction in the sideyard setback will have a minimal effect as there is also an easement on the adjacent property that allows for further accessibility.As such,staff is satisfied the requested variance to reduce the sideyardsetback to 1.26metres whereas 1.5metres is required meets the general intent of the Zoning By-law. Application is Minor 3. The proposed reduction in the sideyard setback will be negligible andwill not impact the neighbourhood.Therefore, Staff is of the opinion that the requested variance is minor. Application in Appropriate 4.The varianceisappropriate for the development and use of the land. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. Proposed Single Detached Dwelling–41 Valleybrook Drive Based on the foregoing, Planning staff recommends that this application beapprovedsubject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed varianceprovided building permit for the new single detached dwelling is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Transportation Services hasno concerns with the proposed application. Environmental Comments: Environmental Planning has no concerns with this application. Heritage Comments: Heritage Planning staff has no concerns with this application. RECOMMENDATION That minor variance application A2020-093requesting permission to build a single detached dwelling tohave a side yardsetback of 1.26metres rather than the permitted 1.5metres, be approved. Tim Seyler, BES Juliane von Westerholt, BES, MCIP, RPP Planner Senior Planner October 28, 2020 Holly Dyson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: Re: Committee of Adjustment Applications October 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-087 380 Grand River Boulevard No Concerns. 2) A 2020-088 339 Rosemount Drive No Concerns. 3) A 2020-089 34 Dunham Avenue No Concerns. 4) A 2020-090 305 Driftwood Drive No Concerns. 5) A 2020-091 12 Rose Street No Concerns. 6) A 2020-092 180 Grand Flats Trail No Concerns. 7) A 2020-093 41 Valleybrook Drive No Concerns. 8) A 2020-094 53 Valleybrook Drive No Concerns. 9) A 2020-095 236 Woodhaven Road No Concerns. 10) A 2020-096 919 Eaglecrest Court No Concerns. 11) A 2020-097 923 Eaglecrest Court No Concerns. 12) A 2020-098 928 Eaglecrest Court No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЍЍЌЋВЏ tğŭĻ Њ ƚŅ Ћ 13)A 2020-09980Westwood DriveNo Concernsto the application.However, the applicants please be advised that any redevelopment application for any noise sensitive land use on these lands e.g. a Consent / Condominium would have impacts from the transportation (rail) noise in the vicinity. 14) A 2020-100 9 -11 Samuel Street No Concerns. 15) A 2020-101 8 Devon Street No Concerns. 16) A 2020-102 89 Water Street South No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 November 4, 2020 Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re:November 17, 2020 Committee of Adjustment Meeting ______________________________________________________________________ Applications for Minor Variance A2020-080335Lancaster Street WestA2020-09453Valleybrook Drive A2020-087380Grand River BoulevardA2020-095236Woodhaven Road A2020-088339Rosemount DriveA2020-096919Eaglecrest Court A2020-08934Dunham AvenueA2020-097923Eaglecrest Court A2020-090305Driftwood DriveA2020-098928Eaglecrest Court A2020-09112Rose StreetA2020-09980WestwoodDrive A2020-092180Grand Flats TrailA2020-1009-11Samuel Street A2020-09341Valleybrook DriveA2020-1018Devon Street A2020-10289Water Street South Applications for Consent B 2020-042101-103Schweitzer Street B 2020-043440Lancaster Street B 2020-044956Glasgow Street The above-noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherreman@grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1of 1 the Grand River Conservation Authority.